And such a trial is no trial by the country, but only a trial by the government; and in it the government determines what are its own powers over the people, instead of the people's determining what are their own liberties against the government.
Lysander Spooner: “And such a trial is no trial by the country, but only a trial by the government; and in it the government determines…”
Editor's note · Context
This quote critiques the nature of trials that are controlled by the government rather than by the people.
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In this manner all unjust laws are established, and made operative against the rights of the people.
If the authority be vested in the government, the governmnt is absolute, and the people have no liberties except such as the government sees fit to indulge them with.
They cannot claim or expect that the whole people shall practise the folly of taking on trust their pretended superior knowledge, and of committing blindly into their hands all their own interests, liberties, and rights, to be disposed of…
That the legislation of the king was of no authority over a jury, is further proved by the oath taken by the kings at their coronation.